Legal Opinion

Board of County Commissioners v. Miles

Nebraska Supreme Court

Decided January 15, 1878PublishedCited by 2 opinions

Error to the district court for Richardson county. Tried below before Weaver, J., and a jury. Yerdict for defendant. The opinion states the case. If the defendant bid off the lands at the tax sale, he bid caveat emptor, and the defendant was bound to know before he bid that the officer had done all that the law required him to do. Cooley on Taxation 522, and cases there cited.

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Error to the district court for Richardson county. Tried below before Weaver, J., and a jury. Yerdict for defendant. The opinion states the case. If the defendant bid off the lands at the tax sale, he bid caveat emptor, and the defendant was bound to know before he bid that the officer had done all that the law required him to do. Cooley on Taxation 522, and cases there cited. He cannot complain that he got nothing by his bid, because the very worst that could happen to him would be to have the title fail on account of some irregularity, and in that event the statute saves him his rights and…

1Opinion of the CourtMaxwell, J.

The plaintiff brought an action against the defendant in the district court of Richardson county, under the provisions of section 58 of the revenue law, to recover of the defendant the amount bid by him for certain lands, at the sale thereof for delinquent taxes in that county, in September, 1871.

The plaintiff claims judgment for the sum of $25,-352.05.

The defendant answered the petition of the plaintiff, and alleges:

First. That the petition does not state facts sufficient to constitute a cause of action.

Second. The defendant denies all the facts stated in the petition.

Third. The defendant…

2Cases cited1 opinion

  1. Johnson v. HahnNebraska Supreme Court · 1875

3Cited by2 opinions

  1. Bistline v. Ney Bros.Supreme Court of Iowa · 1907
  2. State ex rel. Snow v. FarneyNebraska Supreme Court · 1893

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